Mealey's (July 16, 2021, 11:53 AM EDT) -- WASHINGTON, D.C. — A District of Columbia Circuit U.S. Court of Appeals panel erred in holding that deference under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. applies to all Pension Benefit Guaranty Corp. (PBGC) interpretations of the Employee Retirement Income Security Act “regardless of whether PBGC was wearing its statutorily affixed ‘insurer hat’ or its voluntarily donned ‘fiduciary hat,’” plan participants say in their June 30 petition for a writ of certiorari seeking U.S. Supreme Court review of the ruling upholding a decision that PBGC’s final benefits determinations were not arbitrary or capricious....